All uses and buildings for which off-street parking is required, other than one- and two-family dwellings, shall be subject to the site plan review and approval by the Planning Board, as provided in § 174-10.

Not more than one principal permitted use shall be located on any lot, provided that a multiple occupancy building used for the same category of use, such as retail sales and services, light manufacturing or offices in a business district or Industrial Park District, or a mixed-use development in the Downtown District, shall be deemed to be in a single principal permitted use. The Board of Appeals may, by special permit, allow several different uses if otherwise permitted in the district or several buildings on the same lot if such uses or buildings are deemed to be compatible, meet the requirements of § 174-9 and result in improved circulation and land use patterns.

For uses subject to a special permit:

(Reserved)

Any lot created after April 8, 1996, in any zoning district except the BV Business Village District and the Downtown District shall contain a minimum lot area of 20,000 square feet exclusive of wetlands as defined in the Wetlands Protection Act, MGL c. 131, § 40. Lots created under the Major Residential Development Bylaw (§ 174-13.2) flexible development provision that are less than 20,000 square feet shall be entirely exclusive of wetlands.

Park, open space, noncommercial recreation, fishing and hunting where legally permitted, wildlife management and conservation area.

Agriculture, horticulture, floriculture or viticulture, but excepting, to the extent permitted pursuant to applicable state law and regulation, piggeries and fur farms.

Temporary nonresidential structure accessory to farming, fishing or similar permitted use of the land.

Signs as permitted under § 174-11.

Roadside stand.

Private garage or parking for more than three cars or one truck or other commercial vehicle. (Note: For uses subject to a special permit, refer also to § 174-9, Special permit requirements.)

All uses permitted in the Conservation District.

One-family houses.

Religious uses, public or nonprofit school.

Public or nonprofit library, museum, art gallery or a similar cultural institution.

Town or other government building.

Renting of rooms or furnishing of board to not more than four persons by a resident family in a one-family house.

Mobile home or travel trailer used as a dwelling for 30 days or fewer in a year.

Construction of private garage or private parking for not more than three vehicles, that is accessory to a permitted principal use and on the same lot as such use. One vehicle may be a truck or other commercial vehicle.

Customary home occupation.

Parking in a garage or out of doors for employees, customers, clients, occupants or students, accessory to a permitted principal use and on the same lot as such use.

Accessory apartment.

Boat livery, cemetery, children's camp, golf course, private nonprofit membership club, public utility, riding stable, ski tow.

Hospital, nursing home, home for the aged.

Private school, nursery or kindergarten.

Veterinarian, animal hospital, dog kennel.

Conversion of a one-family house in existence for two years or longer to a two-family dwelling, on a lot with a minimum of 15,000 square feet.

Mobile home or travel trailer used as a dwelling for more than 30 days in a year.

Multifamily housing for the elderly, owned by a public or a nonprofit community housing organization.

Other multifamily dwellings if within a major residential development. (Note: Special permit from the Planning Board.)

Major residential development. (Note: Special permit from the Planning Board.)

Office-type trailer or mobile home used as business quarters.

Private garage or private parking for more than three vehicles, that is accessory to a permitted principal use and on the same lot as such use.

Adaptive Reuse of Historic Buildings Bylaw (Note: special permit from Planning Board).

Minimum lot area: 43,560 square feet; minimum 20,000 square feet exclusive of wetlands.

Minimum frontage: 150 feet.

Minimum setbacks:

Maximum height: 35 feet, 2 1/2 stories (17 feet, one story for accessory buildings).

Maximum floor area ratio: 0.18.

In the RA District, no lot shall be considered a building lot unless the center of a seventy-five-foot diameter circle can be passed along a continuous line from the lot frontage to the rear yard setback without the circumference intersecting any lot lines and unless the center of the seventy-five-foot diameter circle can be passed along 40% of the required frontage without the circumference intersecting any side or rear lot line. This Subsection D(6) shall not apply to an existing lot or existing dwelling for which a building permit has been issued as of the effective date of adoption of this Subsection D(6), or to any alteration, extension or structural change thereto.

Minimum lot area: 25,000 square feet; minimum 20,000 square feet exclusive of wetlands.

Minimum frontage: 125 feet.

Minimum setbacks:

Maximum height: 35 feet, 2 1/2 stories (17 feet, one story for accessory buildings).

Maximum floor area ratio: .30.

In the RB District, no lot shall be considered a building lot unless the center of a 62.5 foot diameter circle can be passed along a continuous line from the lot frontage to the rear yard setback without the circumference intersecting any lot lines and unless the center of the 62.5 foot diameter circle can be passed along 40% of the required frontage without the circumference intersecting any side or rear lot line. This Subsection D(6) shall not apply to an existing lot or existing dwelling for which a building permit has been issued as of the effective date of adoption of this Subsection D(6), or to any alteration, extension or structural change thereto.

Minimum lot area: 15,000 square feet.

Minimum frontage: 100 feet.

Minimum setbacks:

Maximum height: 35 feet, 2 1/2 stories (one story for accessory buildings).

Maximum floor area ratio: 0.45.

All uses permitted in the residential districts (RA and RB).

A mobile home or travel trailer used as a dwelling or business quarters for 30 days or fewer in a year.

Retail sales and services which do not involve manufacturing on the premises.

Newspaper, job printing and publishing.

Office, bank, office building.

Hotel or motel, restaurant (excluding drive-through food service establishments).

Clinic or medical testing laboratory.

Dwelling on the premises for a night watchman or janitor.

Cafeteria on the premises for use by employees and not the general public.

All uses listed in Subsection B that are greater than 2,000 square feet.

Major residential development.

Multifamily dwellings if within a major residential development.

Hospital, nursing home, home for the aged.

Private school, nursery or kindergarten.

Veterinarian, animal hospital, dog kennel.

Multifamily housing for the elderly, owned by a public or a nonprofit community organization.

Private garage or parking for more than three cars or more than one truck or other commercial vehicle.

Indoor recreation, athletic or exercise facility.

Sale or storage of fuel, lumber, building materials and equipment, contractor's yard.

Retail sales and services involving manufacturing of products, the majority of which will be sold on the premises to consumers, with not more than four persons engaged in manufacturing operations.

Automotive service, gasoline station or repair garage, automotive sales.

Accessory apartment.

Boat livery, cemetery, children's camp, golf course, private nonprofit membership club, public utility, riding stable, ski tow.

Conversion of a one-family house in existence for two years or longer to a two-family dwelling, on a lot with a minimum of 15,000 square feet.

A mobile home or travel trailer used as a dwelling or business quarters for more than 30 days in a year.

Minimum lot area: 10,000 square feet.

Minimum frontage: 60 feet.

Minimum setbacks:

Maximum height: 35 feet, three stories.

Residential dwellings. Residential dwellings in the Business Village District must comply with RB District standards.

All uses permitted in the Residential Districts.

Dwelling on the premises for a night watchman or janitor.

Cafeteria on the premises for use by employees and not for the general public.

Office-type trailer or mobile home used as business quarters for 30 days or fewer in a year.

Retail sales and services which do not involve manufacturing on the premises.

Retail sales and services involving manufacturing of products, the majority of which will be sold on the premises to consumers, with not more than four persons engaged in manufacturing operations.

Newspaper, job printing and publishing.

Office, bank, office building.

Hotel or motel, restaurant (excluding drive-through food service establishments).

Clinic or medical testing laboratory.

Automotive service, gasoline station or repair garage, automotive sales.

All uses allowed in Subsection B that exceed 50,000 square feet.

Accessory apartment.

Boat livery, cemetery, children's camp, golf course, private nonprofit membership club, public utility, riding stable, ski tow.

Hospital, nursing home, home for the aged.

Private school, nursery or kindergarten.

Veterinarian, animal hospital, dog kennel.

Conversion of a one-family house in existence for two years or longer to a two-family dwelling, on a lot with a minimum of 15,000 square feet.

Mobile home or travel trailer used as a dwelling or business quarters for more than 30 days in a year.

Multifamily housing for the elderly, owned by a public or a nonprofit community housing organization.

Private garage or parking for more than three cars or more than one truck or other commercial vehicle.

Indoor recreation, athletic or exercise facility; theater for cultural arts.

Sale or storage of fuel, lumber, building materials and equipment, contractor's yard.

Hazardous waste storage and disposal facilities, other than small generators, as defined by the Environmental Protection Agency and the Commonwealth of Massachusetts, except that a special permit may be issued for such a facility upon approval by the appropriate federal and state agencies, review and comment by the Southborough Board of Health, Conservation Commission, Planning Board and Fire and Police Chiefs, following a duly advertised public hearing and in accordance with the Hazardous Waste Facilities Siting Law.[1]

Registered marijuana dispensary as defined in 105 CMR 725.004.

Minimum lot area: 43,560 square feet (minimum 20,000 square feet exclusive of wetlands).

Minimum frontage: 200 feet.

Minimum setbacks:

Maximum height: 45 feet, three stories.

Maximum floor area ratio: 0.60.

Residential dwellings. Residential dwellings in the Highway Business District must comply with RB District standards.

All uses permitted in the Conservation District.

Dwelling on the premises for a night watchman or janitor.

Cafeteria on the premises for use by employees and not for the general public.

Newspaper, job printing and publishing.

Office, bank, office building.

Wholesale distribution and storage within a building other than a solid waste transfer station.

Scientific research and development, including manufacturing, instruction and other activities clearly incidental thereto at the maximum density of three employees per acre of lot and with a direct access to an arterial street, as defined by the Town of Southborough Planning Board.

All uses permitted in Subsection B that exceed 50,000 square feet.

Accessory apartment.

Conversion of a one-family house in existence for two years or longer to a two-family dwelling, on a lot with a minimum of 15,000 square feet.

Mobile home or travel trailer used as a dwelling or business quarters for more than 30 days in a year.

Multifamily housing for the elderly, owned by a public or nonprofit community housing organization.

Boat livery, cemetery, children's camp, golf course, private nonprofit membership club, public utility, riding stable, ski tow.

Hospital, nursing home, home for the aged.

Private school nursery or kindergarten.

Veterinarian, animal hospital, dog kennel.

Private garage or parking for more than three cars or more than one truck or other commercial vehicle.

Light manufacturing, fabrication, assembly and processing utilizing electric or other similar quiet motive power and processes and generating no adverse impacts on the neighborhood and properties therein.

Hazardous waste storage and disposal facilities, other than small generators, as defined by the Environmental Protection Agency and the Commonwealth of Massachusetts, except that a special permit may be issued for such a facility upon approval by the appropriate federal and state agencies, review and comment by the Southborough Board of Health, Conservation Commission, Planning Board and Fire and Police Chiefs, following a duly advertised public hearing and in accordance with the Hazardous Waste Facilities Siting Law.[1]

Adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater, adult live entertainment (see § 174-9I).

Heliport or landing place for helicopter, not including storage or maintenance facilities as an accessory use to a permitted principal use.

Registered marijuana dispensary as defined in 105 CMR 725.004.

Minimum lot area: 43,560 square feet (minimum 20,000 square feet exclusive of wetlands).

Minimum frontage: 200 feet.

Minimum setbacks:

Maximum height: 45 feet, three stories.

Maximum floor area ratio: 0.60.

All uses permitted in residential districts.

Boat livery, cemetery, children's camp, golf course, private nonprofit membership club, public utility, riding stable, ski tow.

Hospital, nursing home, home for the aged.

Private school, nursery or kindergarten.

Veterinarian, animal hospital, dog kennel.

Dwelling on the premises for a night watchman or janitor.

Cafeteria on the premises for use by employees and not for the general public.

Private garage or parking for more than three cars or more than one truck or other commercial vehicle.

Indoor recreation, athletic or exercise facility; theater for cultural arts.

Sale or storage of fuel, lumber, building materials and equipment, contractor's yard.

Retail sales and services which do not involve manufacturing on the premises.

Retail sales and services involving manufacturing of products, the majority of which will be sold on the premises to consumers, with not more than four persons engaged in manufacturing operations.

Newspaper, job printing and publishing.

Office, bank, office building.

Hotel or motel, restaurant (excluding drive-through food service establishments).

Clinic or medical testing laboratory.

Automotive service, gasoline station or repair garage, automotive sales.

All uses permitted in Subsection B that exceed 50,000 square feet.

Accessory apartment.

Conversion of one-family house in existence for two years or longer to a two-family dwelling, on a lot with a minimum of 15,000 square feet.

Mobile home or travel trailer used as a dwelling or business quarters for more than 30 days in a year.

Multifamily housing for the elderly, owned by a public or nonprofit community housing organization.

Major residential development. (Note: Special permit from the Planning Board.)

Multifamily dwellings, if within a major residential development. (Note: Special permit from the Planning Board.)

(Reserved)[1]

Wholesale distribution and storage within a building, other than a solid waste transfer business; warehousing (excluding trucking terminals with through shipping).

Hazardous waste storage and disposal facilities, other than small generators, as defined by the Environmental Protection Agency and the Commonwealth of Massachusetts, except that a special permit may be issued for such a facility upon approval by the appropriate federal and state agencies, review and comment by the Southborough Board of Health, Conservation Commission, Planning Board and Fire and Police Chiefs, following a duly advertised public hearing and in accordance with the Hazardous Waste Facilities Siting Law.[2]

(Reserved)

Scientific research and development, including manufacturing, instruction and other activities clearly incidental thereto, and with direct access to an arterial street, as defined by the Town of Southborough Planning Board.

Light manufacturing, fabrication, assembly and processing utilizing electric or other similar quiet motive power and processes and generating no adverse impacts on the neighborhood and the properties therein.

Registered marijuana dispensary as defined in 105 CMR 725.004.

Minimum lot area: 43,560 square feet (minimum, 20,000 square feet exclusive of wetlands).

Minimum frontage: 200 feet.

Minimum setbacks:

Maximum height: 45 feet, three stories.

Maximum floor area ratio: 0.60.

Residential dwellings. Residential dwellings in the ID District must comply with the standards of the RB District.

All uses permitted in residential districts.

Office-type trailer or mobile home used as business quarters for 30 days or fewer.

Dwelling on the premises for a night watchman or janitor.

Cafeteria on the premises for use by employees and not for the general public.

Accessory apartment.

Boat livery, cemetery, children's camp, golf course, private nonprofit membership club, public utility, riding stable, ski tow.

Hospital, nursing home, home for the aged.

Private school, nursery or kindergarten.

Veterinarian, animal hospital, dog kennel.

Conversion of a one-family dwelling, in existence for two years or longer, to a two-family dwelling, on a lot with a minimum of 15,000 square feet.

Mobile home or travel trailer used as a dwelling or business quarters for more than 30 days in a year.

Multifamily housing for the elderly, owned by a public or a nonprofit community housing organization.

Other multifamily dwellings, if within a major residential development. (Note: Special permit from the Planning Board.)

Major residential development. (Note: Special permit from the Planning Board.)

Private garage or parking for more than three cars or more than one truck or other commercial vehicle.

Scientific research and development, including manufacturing, instruction and other activities clearly incidental thereto, at the maximum density of three employees per acre of lot and with direct access to an arterial street, as defined by the Town of Southborough Planning Board.

Minimum lot area: 50 acres; minimum 20,000 square feet exclusive of wetlands.

Minimum frontage: 500 feet.

Minimum setbacks:

Maximum height: 35 feet, three stories.

Maximum floor area ratio: 0.40.

Residential dwellings. Residential dwellings in the SP District must comply with the standards of the RA District.

Ensure public safety through reducing the threats to life and personal injury.

Eliminate new hazards to emergency response officials.

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.

Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.

Eliminate costs associated with the response and cleanup of flooding conditions.

Reduce damage to public and private property resulting from flooding waters.

The Town of Southborough hereby designates the position of Conservation Agent to be the official floodplain administrator.

A permit is required for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving, and any other development that might increase flooding or adversely impact flood risks to other properties.

The Town's permit review process includes the requirement that the proponent obtain all local, state, and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlap district. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.

Floodway data. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's FIRM encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review, and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

All subdivision proposals and development proposals in the floodplain overlap district shall be reviewed to assure that:

Base Flood Elevation Data for Subdivision Proposals.

In A1-30, AH, and AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulation for foundation and elevation requirements or be on site for less than 180 consecutive days or be fully licensed and highway ready.

In a riverine situation, the Conservation Commission shall notify the following of any alteration or relocation of a watercourse:

If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to:

The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance and will maintain this record in the community's files.

The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for flood insurance policy covering that property, in writing over the signature of a community official that:

Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlap district.

A variance from these floodplain bylaws must meet the requirements set out by the state law, and may only be granted if:

The Floodplain District is established as an overlay district to all other districts. All development in the District, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with Chapter 131, Section 40, of the Massachusetts General Laws and with the following:

Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances, or codes.

The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.

If any section, provision, or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the bylaw shall be effective.

No density bonuses as authorized under § 174-13.2F shall be allowed for development within the Critical Resource District, but land within the district may be used to earn development bonuses for development to be located outside the district through transferring of development rights, as provided by § 174-13.2F.

Submittals under major residential development pursuant to an optional special permit as specified in § 174-13.2A must include a flexible development proposal.

In acting on major residential development proposals pursuant to an optional special permit as specified in § 174-13.2A, if the Planning Board determines that neither the basic development proposal before it nor any submitted alternatives can adequately protect scenic views, habitats, fragile natural environments or other critical environmental resources, it shall grant a special permit only either:

To the extent feasible, all service providers shall colocate on a single tower. Towers shall be designed to structurally accommodate the maximum number of foreseeable users (within a ten-year period) technically practicable.

New towers shall be considered only upon a finding by the Board of Appeals that existing or approved towers cannot accommodate the wireless communications equipment planned for the proposed tower.

In no event shall any such tower be located closer to two miles to any other such tower.

Tower height shall not exceed 75 feet above the existing terrain.

A tower shall not be erected nearer to any property line than a distance equal to the vertical height of the tower (inclusive of any appurtenant devices), measured at the mean finished grade of the tower base.

To the extent feasible, all network interconnections from the communications site shall be via land lines.

Existing on-site vegetation shall be preserved to the maximum extent practicable.

The tower shall minimize, to the extent feasible, adverse visual effects on the environment. The Board of Appeals may impose reasonable conditions to ensure this result, including painting and lighting standards.

Traffic associated with the tower and accessory facilities and structures shall not adversely affect abutting ways.

Applicants proposing to erect wireless communications towers, accessory facilities and structures on municipally owned land or structures shall provide evidence of contractual authorization from the Town of Southborough to conduct wireless communications services on municipally owned property.

All uses permitted in the residential districts (RA and RB).

Mixed-use development, provided that each nonresidential use in the development is a permitted use under this § 174-8.12(A) or § 174-8.12(B) and provided that the number of dwelling units does not exceed four.

Professional or business office, or bank, but not including a medical or dental office.

Custom manufacturing of custom goods sold primarily on the premises, such as a woodworking shop, shop for artisan or craftsperson, or bakery.

Bed and breakfast.

Child care center.

Co-work center.

Retail sales and services.

Ice cream shop, sandwich shop, candy shop, other specialty food service establishment serving walk-in customers (drive-through service is prohibited).

Restaurant, with indoor seating and outdoor seating on an adjacent patio (drive-through service is prohibited).

Personal services such as barber shop, beauty salon, tailor, or shoe repair.

Any use listed in Subsection B exceeding 3,000 sq. ft. per establishment.

Mixed-use development that includes a nonresidential use that is a permitted use under § 174-8.12(A) or § 174-8.12(B) but with five or more dwelling units.

Mixed-use development that includes a nonresidential use requiring a special permit under this § 174-8.12.

Microbrewery.

Veterinarian, animal hospital, or animal clinic.

Medical or dental office.

Multifamily dwelling, not to exceed 10 units.

Private garage or parking for more than three cars or more than one truck or other commercial vehicle.

Indoor recreation, athletic or exercise facility.

Accessory apartment.

Conversion of a one-family house in existence for two years or longer to a two-family dwelling, on a lot with a minimum of 15,000 square feet.

A mobile home or travel trailer used as a dwelling or business quarters for more than 30 days in a year.

Minimum lot area: 5,000 square feet.

Minimum frontage: 60 feet.

Minimum setbacks:

Maximum front setback: 20 feet unless waived by the Planning Board.

Maximum floor area ratio: 0.40 as of right, or a maximum of 0.50 by special permit from the Planning Board.

Minimum landscaped green space: 20%. At least 50% of the landscaped green space shall be contiguous and located between the front building line and front lot line unless the Planning Board approves a different placement of the landscaped green space as part of Site Plan Review.

Minimum facade buildout (% lot width) unless waived by the Planning Board.

Height regulations:

Residential dwellings. Single-family or two-family dwellings in the Downtown District shall comply with RB District standards.

The principal entrance(s) to the building shall be on the front facade, which shall face the street.

The maximum distance between street-level entrances in a single building shall be 35 feet unless waived by the Planning Board.

The maximum depth of street-level commercial spaces shall be 60 feet unless waived by the Planning Board.

The maximum front setback in Subsection F(4) may be increased for purposes of amenities such as landscaping, a plaza, square, courtyard, recessed entrance, sidewalk, multi-use path, raised terrace, facade offsets, or outdoor dining, but not for vehicle use.

Affordable housing. In any multifamily or mixed-use building with four or more units, at least 12.5% of the units shall be affordable housing that is eligible for the Chapter 40B Subsidized Housing Inventory (SHI) in accordance with the Chapter 40B regulations and Guidelines of the Massachusetts Department of Housing and Community Development (DHCD).

Location.

Activity type and mix.

Visual consequences.

Access.

Development rate.

The habitable floor area of the accessory unit shall not exceed 25% of the habitable floor area of the entire dwelling plus that of any accessory building used for the accessory dwelling.

There is no other apartment on the lot on which the accessory apartment is proposed.

Not more than the required minimum exterior alterations have been or will be made to the one-family house and to any accessory buildings, and the site plan of the lot and floor plans of the dwelling thereon have been filed with the Building Inspector prior to the application to the Board of Appeals.

The total cumulative number of accessory apartments permitted by the Board of Appeals since January 1979 shall at no time exceed 5% of the total number of one-family houses in Southborough at the beginning of the year in which the application is filed, based on the Assessor's records. Residences containing apartments shall be counted as one-family houses for the purposes of this subsection.

The Board of Appeals finds no potential detrimental impact on the neighborhood, as provided in the lead-in of this section above.

The application is referred to the Planning Board, the Conservation Commission and the Board of Health, and their reports are received and given due consideration, or 35 days elapse following the referral without the receipt of said reports.

No alteration, fill, additions or new construction will occur within the floodway, as defined by the Federal Emergency Management Administration.

The land is not, in fact, subject to flooding and not unsuitable for the purposes of the special permit due to topography, soils or hydrological conditions; if located in a floodplain, a registered professional engineer certifies that the proposed development shall not result in any increase of flood levels during the occurrence of a 100-year flood and that adequate protection shall be provided against the effects of current, uplift, battering and washout.

If the special permit is for the construction or improvement of access to existing uses or to land not in a WFP District, it must be shown that there is no feasible alternate access and that the natural flow of watercourses will not be impeded or altered.

If the special permit is for the construction of a barn, garage or other accessory building or structure, the applicant shall prove, to the satisfaction of the Board of Appeals, that the special permit will not result in an increase of ground coverage by principal and accessory structures of more than 25%, compared to the conditions in May 1975.

The Board of Appeals may consider compensatory storage and other mitigating measures acceptable to the Conservation Commission to meet the requirements of this Subsection F.

If the special permit is for a dam, watercourse alteration, excavation, drainage or wetland improvements or mosquito control activities, the Board of Appeals shall consider also the broader impacts thereof and weigh any potential detrimental impacts against the benefits of the proposed improvements.

The lot on which a one-family residence is to be converted to a two-family dwelling must be a minimum of 15,000 square feet.

There must be no other apartment on the lot on which the two-family residence is proposed.

Not more than the required minimum exterior alterations have been or will be made to the one-family house and to any accessory buildings, and the site plan of the lot and floor plans of the dwelling thereon must be filed with the Building Inspector prior to the application to the Board of Appeals.

The Zoning Board of Appeals shall grant a special permit for elderly housing only after considering the following criteria:

The granting of a special permit by the Zoning Board of Appeals for multifamily housing for the elderly does not relieve the applicant from receiving all other applicable approvals, including Conservation Commission, Board of Health, and site plan approval from the Planning Board (re: § 174-10).

Purpose and intent. This bylaw is enacted pursuant to MGL c. 40A, § 9A, to serve the compelling interests of the Town of Southborough by preventing the clustering and concentration of adult entertainment enterprises as defined herein because of the deleterious effect on character and values of adjacent areas.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Special permit standards. No special permit may be granted by the Zoning Board of Appeals for an adult bookstore, adult video store, adult paraphernalia store or adult motion-picture theater unless the following conditions are satisfied:

All existing adult bookstores, adult video stores, adult paraphernalia stores and adult motion-picture theaters shall apply for such special permit within 90 days following the adoption of this subsection.

Any special permit granted under this section shall lapse within one-year of the date of the grant, not including the time required to pursue or await the termination of an appeal referred to in MGL c. 40A, § 17, if substantial use thereof has not sooner commenced, except for good cause, or, in the case of permit for construction, if construction has not begun within one-year of the date of grant, except for good cause.

General provisions.

Basic requirements.

Term of special permit. Any special permit issued pursuant to this § 174-9J shall be valid for a period of two years from the date of issuance. Any renewal of a special permit shall be governed by the then-existing standards and procedures set forth in this bylaw, and any regulations adopted pursuant thereto by the Board of Appeals.

Frontage: each lot served by a permitted common driveway must have its own full required frontage on a public way.

The design of common driveways shall assure adequate access for emergency and public safety vehicles to include turnaround provision in all seasons, provide water service, if available, including hydrants, and provide adequate drainage of surface waters.

A declaration of covenants, easements and restrictions for the use and maintenance of said common driveways shall be required by the Planning Board and shall include satisfactory arrangements concerning driveway maintenance, snowplowing and restriction against future use as a public way. Said covenants, easements and restrictions shall be perpetual, run with the land and be recorded at the Registry of Deeds.

In the best interest of public safety, the Planning Board may require the common driveway to be officially named, clearly identified with appropriate signage and with all residences within the way addressed to indicate this name.

A Town-approved Declaration of Common Driveway, Easement and Covenant shall be signed by the buyer and filed with the Registry of Deeds. A master covenant, designed by the Planning Board, could be used.

It would be the responsibility of the developer to provide the Inspector of Buildings with the above required documentation, including, if appropriate, an engineering report asserting that all required work has been completed per the plans and conditions approved by the Planning Board.

Any nonresidential development that results in an increase in on-site parking.

All modifications to existing development projects which fall within the applicability of the Town's regulations for parking and loading (§ 174-12) or landscaping (§ 174-13).

Any change in use or reactivation of a facility that has not been in use for a period of two years.

Multifamily housing for the elderly.

Adaptive reuse of historic buildings.

All multifamily development within the MCOD (§ 174-10.3). The provisions of § 174-11, Signs, § 174-12, Parking and loading, § 174-12.1, Outdoor illumination, § 174-13, Landscaping, § 174-13.3, Lower impact development, § 174-13.4 Water resource protection, and Chapter 154, Stormwater and Erosion Control, shall be included as a part of the MCOD site plan review process.

Minor plan review. Any new development, or expansion in use other than a single-family or two-family residence which adds less than 2,000 square feet of floor area or which would require at least five but fewer than 20 parking spaces regardless of the number of parking spaces existing on the premises, or any change of use of a facility that totals less than 2,000 square feet shall be subject to minor plan review by the Planning Board. The Planning Board shall also seek the advice of the Conservation Commission in the review of all minor plan submissions.

Major plan review. Any new development, or expansion in use other than a single-family or two-family residence which adds 2,000 square feet or more of floor area or which would require 20 or more parking spaces, regardless of the number of parking spaces existing on the premises, or any change of use of a facility that totals 2,000 square feet or more shall be subject to major plan review by the Planning Board. The major site plan submission shall consist of the following elements:

Incomplete applications for both the minor and major review shall not be accepted by the Planning Board. Following submission of a site plan to the Planning Board, the Board or its designee shall review the application/plan for completeness within three business days of the submission. Completeness shall be based on the requirements of the respective subsections for minor or major review. If the submission is determined incomplete by the Planning Board or its agent, notice will be provided to the applicant within three business days of the submission specifying the deficiencies.

Site plan approval shall be granted by a majority vote upon determination by the Planning Board that the following are complied with. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment; shall provide adequate provision for utilities and stormwater drainage consistent with the functional requirements of the Southborough Planning Board's Rules and Regulations for the Subdivision of Land; shall be so designed that for the given location, type and extent of land use, the design of building form, building location, egress points, grading and other elements of the development shall be so as to:

The Planning Board shall adopt and from time to time amend reasonable regulations for the administration of these guidelines.

Scenic views, if any, visible from public ways should be preserved to the degree reasonably consistent with the given type and scale of use.

Major dimensions of any building should be approximately parallel or perpendicular to one or more nearby streets, if within 100 feet of such street.

The appearance of primary wall and roof materials should match that of materials commonly found on existing buildings within the Town.

Except for buildings adjacent to Route 9, domestic scale should be produced through massing devices such as breaks in wall and roof planes and through design of architectural features.

The building should not be made, in effect, a sign, through painting with bold patterns, checks or other graphics devices or use of unconventional building form.

There should be some element of consistency with any buildings on abutting premises facing the same street, such as consistency in eave height, wall materials or window proportions.

The proposal, despite not meeting the guidelines, is nevertheless appropriate to its context, considering the established character of the vicinity, the degree of departure of this proposal from that character and the functional or symbolic role the structure is proposed to play.

The proposal will have minimal consequence for Town appearance because of its low public visibility, owing to obscure location or screening.

No better compliance would be reasonably possible, taking into consideration the basic use and intensity of the proposal.

Encourage the production of a variety of housing sizes and typologies to provide equal access to new housing throughout the community for people with a variety of needs and income levels.

Support vibrant neighborhoods by encouraging an appropriate mix and intensity of uses to support an active public space that provides equal access to housing, jobs, gathering spaces, recreational opportunities, goods, and services within a half-mile of a transit station.

Locate housing within walking distance of public transit to promote general public health, reduce the number of vehicular miles traveled, support economic development, and meet community-based environmental goals, including reducing greenhouse gases and improving air quality.

Support public investment in public transit and pedestrian- and bike-friendly infrastructure.

Applicability of MCOD. An applicant may develop multifamily housing within the MCOD as of right in accordance with the provisions of this § 174-10.3. The MCOD shall be exempt from the requirement of § 174-8C(2) to obtain a special permit for two buildings on one lot.

Underlying zoning. The MCOD is an overlay district superimposed over underlying zoning districts. The regulations for use, dimensions, and all other provisions of the Town of Southborough's Zoning Bylaw governing the respective underlying zoning district(s) shall remain in full force, except for uses allowed as of right in the MCOD. Uses that are not identified in § 174-10.3 are governed by the requirements of the underlying zoning district(s).

Subdistricts.

Permitted uses are as follows: The following uses are permitted as of right within the MCOD:

Accessory uses. The following uses are considered accessory as of right to any of the permitted uses in Subsection D(1) above.

Prohibited uses. All uses which are not listed above, legally nonconforming, or otherwise allowable by the provisions of the underlying zoning regulations are prohibited.

Table of Dimensional Standards. The dimensional requirements applicable in the MCOD are as follows:

Multi-building lots. In the MCOD, lots may have more than one principal building. A minimum distance of 10 feet is required between principal buildings.

Exceptions: (Refer to § 174-15).

Exceptions: renewable energy installations. The Planning Board may waive the height and setbacks in § 174-10.3E(1), Dimensional standards, to accommodate the installation of solar photovoltaic, solar thermal, living, and other eco-roofs, energy storage, and air-source heat pump equipment. Such installations shall not create a significant detriment to abutters in terms of noise or shadow and must be appropriately integrated into the architecture of the building, as applicable, and the layout of the site. The installations shall not provide additional habitable space within the development.

Number of parking spaces. The following minimum numbers of off-street parking spaces shall be permitted by use, either in surface parking or within garages or other structures:

Number of bicycle parking spaces. The following minimum numbers of covered bicycle storage spaces shall be provided by use:

Bicycle storage. For a multifamily development of 15 units or more, covered parking bicycle parking spaces of no less than 25% of the total required spaces shall be integrated into the structure of the building(s).

Development standards are applicable to all multifamily development within the MCOD. These standards are components of the site plan review process in § 174-10.3I, Site plan review.

Site design.

Buildings: general.

Buildings: multiple buildings on a lot.

Buildings: shared outdoor space. Multifamily housing shall have common outdoor space that all residents can access. Such space may be located in any combination of ground floor, courtyard or terrace.

Buildings: corner lots. A building on a corner lot shall indicate a primary entrance either along one of the street-facing facades or on the primary corner as an entrance serving both streets.

Buildings: infill lots. If the adjacent buildings are set back at a distance that exceeds the minimum front yard requirements, infill buildings shall meet the requirements of § 174-10.3E(1), Dimensional standards. Otherwise, infill buildings may match the setback line of either adjacent building, or an average of the setback of the two buildings to provide consistency along the street.

Buildings: principal facade and parking. Parking shall be subordinate in design and location to the principal building facade.

Waivers. Upon the request of the applicant and subject to compliance with the Executive Office of Housing and Livable Communities' (EOHLC's) Compliance Guidelines, the Planning Board may waive the requirements of this § 174-10.3G, General development standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the MCOD.

Purpose.

Applicability. This requirement is applicable to all residential developments with five or more dwelling units, whether new construction, substantial rehabilitation, expansion, reconstruction, or residential conversion (applicable projects). No project may be divided or phased to avoid the requirements of this section.

Subsidized Housing Inventory. All units affordable to households earning 80% or less of AMI created in the MCOD under this section must be eligible for listing on EOHLC's Subsidized Housing Inventory (SHI).

Provision of affordable housing. In applicable projects, not fewer than 10% of housing units constructed shall be affordable housing units. For the purpose of calculating the number of units of affordable housing required within a development project, a fractional unit shall be rounded up to the next whole number. The affordable units shall be available to households earning income up to 80% of the AMI.

Alternative methods.

Affordability development standards.

Administration.

Applicability. The requirements of § 174-10, Site plan approval are applicable to any multifamily development within the MCOD, unless modified herein. An application for site plan review shall be reviewed by the Planning Board for consistency with the purpose and intent of this § 174-10.3.

Site plan approval. Site plan approval for uses listed in § 174-10.3D, Permitted uses, shall be granted upon determination by the Planning Board that the following requirements have been satisfied. The Planning Board may impose reasonable conditions, at the expense of the applicant, to ensure that these requirements are satisfied.

Project phasing. An applicant may propose, in a site plan review submission, that a project be developed in phases subject to the approval of the Planning Board, provided that the submission shows the full buildout of the project and all associated impacts as of the completion of the final phase. However, no project may be phased solely to avoid the provisions of § 174-10.3H, Affordability requirements.

Promoting public safety and convenience of the streets and roads, sidewalks and other pedestrian spaces, public property and private property within public view;

Preserving for the present and future inhabitants the natural, architectural and historical assets and other qualities which distinguish the Town as a highly desirable community;

Protecting business viability, economic opportunity, property values, educational values, aesthetic integrity, Village character, creativity and community appearance by exercising prudent control; and

Encouraging compatibility and harmony with surrounding buildings, land and land uses.

Permit not required. The following types of signs do not require a permit from the Inspector of Buildings:

Basic requirements, all districts.

Illumination of signs. Illumination shall be by white, steady, stationary light shielded and directed solely (or by silhouette) at the sign. The foregoing is applicable to signs exterior to a building and to permanent interior signs designed to be visible through a door or window. No sign may utilize translucent panels, canvas or other fabric, letters, devices or other similar components to create an image by allowing light to pass through, except for businesses fronting on Route 9. The light, whether internal or illuminating the sign from the outside, shall not be placed, directed or arranged so as to throw a beam of light, glare or reflection on any street or highway, walk or nearby properties of others in such a manner as to create a traffic hazard or nuisance. Illuminated signs are prohibited in residential and conservation districts.

Maximum number of signs allowed. Unless otherwise provided herein there shall be not more than two of the four following types of signs: wall, window, standing or awning for each business establishment with the following exceptions:

Maximum area of signs allowed. For purposes of determining the maximum size limitations, any intermediary removable surface to which a sign is attached shall be deemed part of the sign; and any sign composed of separate letters, numbers or symbols cut into or attached to a wall or painted on or otherwise attached to an awning, canopy or window shall be deemed to the extreme limits of the sign. A two-sided sign, with messages on opposite sides (back-to-back), will be deemed to be one sign; a sign with faces at an angle to each other shall be deemed to consist of several signs, one for each direction faced. The sum of the areas of wall, window and awning signs of a business in the aggregate shall not exceed the lesser of the following two amounts:

Nonconforming signs. Any legal nonconforming sign may continue to be maintained but shall not be enlarged, reworded, redesigned or altered in any way unless it is brought into conformity with these requirements. Any such sign which has been destroyed or damaged to such an extent that the cost of restoration would exceed 35% of the replacement value of the sign at the time of the destruction or damage shall not be repaired or rebuilt or altered unless in conformity with this section. The exemption herein granted shall terminate with respect to any sign which:

Construction and maintenance. No sign shall be painted or posted directly on the exterior surface of any wall or roof. All signs must be painted, posted or otherwise securely attached to a substantial intermediary removable surface which shall be securely attached to the building. The foregoing, however, shall not prevent installation of a sign consisting of individual letters or devices securely attached to the building. The material and construction of any sign and intermediary surface and the manner of attaching the sign to the intermediary surface and the intermediary surface to the wall of the building shall be in accordance with applicable provisions of the State Building Code. All signs, together with their structural elements, shall be kept in good repair and in proper state or preservation to the reasonable satisfaction of the Inspector of Buildings. The Inspector of Buildings may order the removal of any sign that is not maintained in accordance with the provisions of this Zoning Bylaw.

Roof signs. No sign shall be erected or maintained on the roof of any building or structure in any district.

Standing signs. No standing sign shall be erected if, in the opinion of the Building Inspector, it creates a safety hazard to vehicular or pedestrian traffic.

Wall signs. A wall sign shall be parallel to or perpendicular to a wall of the building and shall not project beyond the face of any other wall of the building, or above the top of the wall to which attached. A wall sign shall not project more than one-foot, in the case of a sign parallel to the wall, or four feet in the case of a sign perpendicular to the wall, from the face of the wall to which attached, provided that in no case shall a perpendicular sign project into, on or over a public sidewalk, street or way.

Temporary signs. Temporary signs shall be removed promptly after the sale, event or reason for the sign message has been concluded. Temporary signs shall not be maintained for more than a thirty-day period, except as may be otherwise specifically provided below, as determined by the Inspector of Buildings, unless proper sign permits have been obtained. A temporary sign erected for the purpose of the sale, lease, rental or construction of real estate is not subject to the thirty-day display limitation but shall be removed promptly after such sale, lease, rental or construction has been effected or completed. Temporary signs pertaining to construction shall not be erected prior to the commencement of work.

Traffic signs. The regulations contained herein shall not apply to traffic signs not exceeding four square feet in area.

Gasoline filling stations and garages. Gasoline filling stations and garages may, if they elect to do so, divide the principal sign area to which they are entitled into separate signs attached to and parallel to the wall to which the principal sign may be attached and indicating the separate operations or departments of the business; provided, however, that the total size of the separate signs shall not exceed the maximum size permitted under this section for a single exterior sign on such wall. Signs displayed on structural canopies over gasoline pumps or gasoline pump islands shall be regulated as wall signs.

Agricultural signs. One sign not to exceed 32 square feet shall be allowed and the wording may be changed periodically to advertise products raised or grown principally on the premises.

Awning signs. The following provisions shall apply to all awning signs:

The Board of Appeals shall consider requests for special permits in accordance with §§ 174-9, 174-11 and 174-25 of this Zoning Bylaw. The Board of Appeals may grant a special permit for a sign not meeting limitations of sign height, maximum number of signs allowed, illuminations of signs, maximum area of signs allowed and minimum setback; provided, however, that the sign is otherwise in compliance with the provisions of this section. In no case, however, shall approval be granted for:

The Board of Appeals will not act on any special permit or variance application without first receiving a written report from the Planning Board. A favorable report of the Planning Board shall indicate that:

Access drives shall be paved with bituminous concrete or other pavement authorized by the Planning Board for at least 15 feet inside of the street or property line unless the street itself is not paved.

Grading and materials selection shall assure that surface materials will not be carried into the street and that drainage is positively provided for.

If there are eight or more parking spaces there shall be provisions for identifying individual spaces through use of segmented bumper strips or other similar permanent means.

Loading. Each loading space shall be not less than 10 feet in width, 14 feet in height and of such length that a truck or trailer occupying the space shall be entirely in the loading space and shall not project into any street, vehicular accessway or pedestrian walk. The loading space may use common access driveways and aisles with parking spaces, where such access is adequate for both purposes. If located within 50 feet of a residence district or if used frequently at night, loading spaces shall be enclosed. Loading spaces shall not be located within the required front yard.

Parking. Each parking space shall be at least 9 1/2 feet wide and 18 feet long, exclusive of aisles and maneuvering space; for parking at right angles to a central aisle, the width of the aisle shall not be less than 22 feet, and an equal width shall be provided at each end of a row of parking spaces; for angle or herringbone parking at 45° or 60° and one-way circulation, the width of aisles shall be consistent with the dimensions recommended by the Institute of Transportation Engineers, provided that for parking facilities for more than five cars, the total area shall be not less than 300 square feet times the number of parking spaces. Unobstructed access to and from a street shall be provided and shall not require backing out into a street. Two or more nonresidential uses may share a combined facility, provided that its continued availability is assured and the total number of spaces equals or exceeds the number required by this section. The number of parking spaces required by the Architectural Barriers Board located nearest to and to both sides of the entrance of a building used by the public and/or by employees shall be reserved for the exclusive use of handicapped persons and shall be identified by appropriate signs at each parking space and by the wheelchair symbol painted within each such parking space. Up to 25% of parking spaces dedicated to use by employees or occupants and not by the general public and up to 15% of such spaces for use by customers, visitors or general public may be reduced to not less than 17 feet by eight feet and marked as being reserved for compact cars only.

Dwellings: two spaces for each dwelling unit containing one or two bedrooms, three spaces for each dwelling unit containing three or more bedrooms, plus one space for each 80 square feet of floor area devoted to a customary home occupation or a professional use.

Hotels, motels, board or rooming houses and other places providing overnight accommodations: one space for each room accommodation, plus one space for each two employees, plus one space for each 400 square feet of public meeting area and restaurant.

Restaurants and other places serving food or beverages: one space for each three seats, plus one space for each employee, provided that drive-in establishments shall instead provide one space for each 50 square feet of gross floor area, plus one space for each two employees.

Schools and colleges: two spaces per classroom for elementary and intermediate; 2 1/2 spaces per classroom for secondary, and one space per two students beyond secondary; none to be fewer than one space per teacher and staff.

Banks and libraries: one space for each 250 square feet of floor area in public use, plus one space for each 500 square feet of other gross floor area.

Hospitals, nursing homes, homes for the aged. Hospitals: one space per bed; nursing homes: one space per two beds; homes for the aged: one space per 1 1/2 units.

Theaters, membership clubs and places of amusement, recreation and assembly (public or private): one space per four seats.

Retail stores and consumer service establishments: one space for each 150 square feet of gross floor area, exclusive of storage space.

Gasoline service stations: two spaces for each lubrication pit, lift or bay, plus one space for each employee.

Warehouses: one space for each 1,500 square feet of gross floor area.

Medical and dental offices: one space per 200 square feet gross floor area.

Industry, processing, manufacturing, assembly and research and development: one space for each 300 square feet of floor area, plus space for company-owned trucks and vans and the required loading spaces.

All other offices and nonresidential uses: 3 1/2 spaces for each 1,000 square feet of gross floor area.

Temporary reduction in the number of paved parking spaces. Whenever new or increased off-street parking spaces are required to be provided on premises subjected to a site plan review and approval by the Planning Board under the provisions of § 174-10 hereof and if, in the opinion of the Planning Board, based on evidence presented by the applicant, the full number of parking spaces will not be needed for at least three years, the Planning Board may, in its approval of the site plan, temporarily reduce the number of parking spaces paved, designated, striped and graded, subject to the following requirements:

Dwellings: two spaces for each dwelling unit, plus one space for each 80 square feet of floor area devoted to a customary home occupation or a professional use.

Bed and breakfast: one space for each guest room plus two spaces for the owners of the premises.

Restaurants and other places serving food or beverages: one space for each four seats.

Mixed-use development: one space per dwelling unit and one space per 300 square feet of nonresidential floor area.

Professional or business office: one space per 300 square feet for ground floor offices and one space per 350 square feet for offices above the first floor.

Any driveway likely to carry more than 200 trips per average business day must comply with the following unless the Board of Appeals grants a special permit for an alternative configuration, upon its determination that safety will be adequately protected, based on commonly employed engineering standards:

No existing parcel shall be divided into lots with frontage which would preclude meeting the driveway separation requirements, unless access rights-of-way are deeded to enable shared egress.

This section recognizes the benefits of outdoor lighting and provides clear guidelines for its installation, so as to help maintain and complement Southborough's character. The intent of this section is to:

The Planning Board is authorized to promulgate rules and regulations to carry forth the purpose and intent of these bylaw provisions. Appropriately regulated, and properly installed, outdoor lighting will contribute to the safety and welfare of the residents of Southborough.

Outdoor illumination by flood or spot luminaries rated at 900 lumens or more (which is approximately equal to one sixty-watt incandescent light bulb) or by any other luminaires rated at 1,800 lumens or more (which is approximately equal to one 120-watt incandescent light bulb) shall be subject to the provisions of this section including application to single- and two-family residential lots, with the following exceptions:

It shall also not apply to any luminaire intended solely to illuminate any freestanding sign, flag or the walls of any building, but such luminaire shall be shielded so that its direct light is confined to the surface of such sign, flag or building.

Those existing luminaires which are not in compliance with § 174-12.1, entitled "Outdoor illumination," as of its effective date shall nevertheless be considered in compliance provided such luminaires satisfy the previous bylaw provisions as enacted by the Town Meeting on April 11, 2005, by passage of Article 40 thereof, until the replacement of fixtures or luminaires is required as set forth herein. Fixtures or luminaires requiring replacement, for any reason, including but not limited to end of life, breakdown, vandalism shall be replaced in compliance with this bylaw and further comply with the guidance outlined in the Rules and Regulations for Outdoor Illumination as promulgated by the Planning Board.

The Planning Board, in performing review pursuant to § 174-10, Site plan approval, may determine that special circumstances of the site, context or design make an alternative lighting design at least equally effective in meeting the purposes of this section and, in such cases, may modify the requirements of this section.

LZ-0: no ambient lighting.

LZ-1: low ambient lighting.

LZ-2: moderate ambient lighting.

LZ-3: moderately high ambient lighting.

Non-shielded wall-packs, barn lights, and floodlights not aimed downward are prohibited in all zones.

Location, orientation and type of outdoor luminaire, including the height of the luminaire, both existing and proposed;

Type of lamp, such as metal halide, compact fluorescent, high pressure sodium, LED;

Luminaire manufacturer's specification data, including lumen output and photometric data showing cutoff angles, as well as a description of all illuminating devices, fixtures, lamps, supports, reflectors, both existing and proposed; this may include, but is not limited to, catalog cuts and illustrations by manufacturers;

Complete report of BUG rating data for all luminaires (if not already included in the manufacturer's specification data) calculated from photometric data (as per IES TM-15-11) showing compliance with the Planning Board Rules and Regulations for Outdoor Illumination;

Photometric plan showing the intensity of illumination expressed in footcandles at ground level within the interior of the property and at the property boundaries that also includes the total site lumen limit; limits to off-site impact; light shielding for LED lighting; and the correlated color temperature; according to adopted regulations;

Evidence that the plan complies with light trespass restrictions as set forth herein.

Lighting for residential properties including multiple residential properties not having common areas; with the exception of landscape lighting.

When the outdoor lighting consists of only one luminaire.

Code required lighting for steps, stairs, walkways, and building entrances.

Lighting under canopies, in tunnels, parking garages, and similar conditions.

When in the opinion of the Planning Board, lighting levels must be maintained.

Motion-activated lighting.

Lighting regulated by special use in which times of operation are specifically identified.

Businesses that operate on a twenty-four-hour basis.

Color, luminaire correlated color temperature (CCT) may not exceed 5,700 Kelvin;

Other lighting, parking and concession area lighting will be considered a separate luminaire system and must meet the applicable lighting standards for the relevant lighting zones;

Shutoff, curfew time shall be no later than 10:00 p.m. (22:00 hours); for good cause shown, the Planning Board may waive the compliance requirement of this subsection.

Wall-mounted fixtures. In nonresidential districts, a luminaire attached to the exterior of a building or structure for area lighting shall be mounted no higher than 15 feet above grade and shall be shielded to control glare.

Pole-mounted fixtures. Pole-mounted exterior lighting fixtures shall not exceed the pole-mounted height limitation of 20 feet in all zones.

Existing nonconforming light heights may remain as mounted until modification is proposed, at which time the height must be brought into compliance.

Purpose. The purpose of this section is to preserve and protect the community's ecological resources and to improve the appearance, environment, character, and value of the total community; and to protect nearby properties, thereby promoting the public health, safety and general welfare. It is intended to establish minimum standards for the design of landscapes for all land development projects requiring Planning Board approval. This section also ensures that any development will make landscaping an integral part of that plan.

Applicability. The requirements of this section shall apply as specified below to any new building, addition, or change of use in an existing structure that requires a parking increase of five or more spaces, or is subject to site plan review by the Planning Board. In performing site plan review under § 174-10, the Planning Board may authorize alternatives to the following specifications, taking into consideration existing vegetation, topography, soils and other site conditions, provided that equivalent screening, shading and articulation are achieved.

The requirements of this section do not apply to developments or renovations in the Business Village District and the Downtown District. However, the Planning Board may require landscaping as part of the site plan or special permit application within the Business Village District and the Downtown District.

All submissions for projects subject to this section shall include a comprehensive landscape plan and planting schedule.

The developer shall furnish and install all plant materials listed on the approved landscaping plan.

Plant materials shall conform to the requirements described in the latest edition of American Standard for Nursery Stock, which is published by the American Association of Nurserymen.

Shade trees must be a minimum of three inches in caliper six inches above grade, be of a species common in the area and be ones which reach an ultimate height of at least 30 feet. Ornamental trees must be a minimum of eight feet at the time of planting. (Eight feet from the top of the root ball to the top of the tree). Shrubs must be at least 36 inches in height at the time of building occupancy, reach an ultimate height of at least five feet and be of a species common in the area.

Do not use staking materials unless absolutely necessary. If staking is necessary, then the developer/property owner must remove staking materials after one full growing season.

Property owners ensure the survival and health of required trees. If any plant material dies, the property owner must replace it within 180 days.

All plant materials required by this chapter shall be maintained in a healthful condition. Any and all fences required for screening shall be properly maintained.

All planting areas shall be mulched with a three- to four-inch layer of bark mulch or other similar material to cover the complete planting area. However, in no case shall more than 25% of the planting area be strictly bare mulch.

A permanent water supply system, or other acceptable watering method, shall be provided for all planting areas. In order to protect the Town's water supply, and encourage sound landscaping practices, the Town of Southborough recommends sustainable watering systems, such as: rainwater recycling systems, automatic shut-off devices, drought-tolerant native plant material, and careful irrigation scheduling, among others.

Plantings.

Trees shall be planted at a rate of two shade trees or three ornamental trees for every 10 spaces or fraction thereof.

Required trees shall be located within or adjacent to parking lots as tree islands, medians, and at the end of parking bays, traffic delineators, or between rows of parking spaces in a manner such that no parking space is located more than 60 feet from a tree.

Planting areas within parking areas shall provide a minimum of 81 square feet per tree with a minimum inside dimension of nine feet and a minimum prepared depth of 18 inches.

The exterior perimeter of all vehicular use areas shall be planted with a buffer strip at least five feet in width, excluding accessways. Any vehicular use area abutting a lot that is residentially used or zoned shall be planted with a buffer strip at least 10 feet in width and shall be supplemented with an opaque fence or wall at least six feet high, unless there is vegetation sufficiently dense to effectively obscure vision. Trees and soil plots shall be so located as to provide visual relief and wind interruption within the parking area and to assure safe patterns of internal circulation.

To determine the number of trees needed for a number of parking spaces not shown on the chart above, use the following formulas (choose one only):

Any improvement along the property boundary, including landscaping, screening and fencing, legally erected and conforming to the requirement of this chapter when so erected, may continue to be maintained, even though as a result of changes to this chapter the boundary improvements no longer conform to its requirements, provided that such boundary improvements shall not be enlarged, redesigned or altered except so as to make them conform to said requirements, and further provided that any such boundary improvements which have been destroyed or damaged to such an extent that the cost of restoration would exceed 50% of the replacement value of the boundary improvements at the time of destruction or damage, shall not be repaired, rebuilt or altered, except so as to make said boundary improvements conform to the requirements of this chapter.

The exemption for nonconforming landscaping and screening herein granted shall terminate with respect to any boundary improvements which shall:

Submittals. Five copies of the concept plan shall be filed with the Planning Board.

Concept plan contents. A concept plan should consist of the following:

Special permit option. Major residential development, that is, the creation of eight or more lots or construction of eight or more dwelling units within an eight-year period from or on a property or set of contiguous properties in common ownership as of January 1, 1986, is allowed either (at the applicant's option):

Repetitive subdivision and phasing of large properties.

Flexible development option for small properties. Except as provided below, a development creating fewer than eight units does not require approval of a special permit, because it is below the threshold size. However, if an applicant wants to take advantage of this section's special features (such as flexible development) for a development of fewer than eight lots, then the applicant may do so by applying for a special permit. In this case, all requirements of this section shall apply as if the development was a major residential development, with one exception, that affordable housing shall not be required under Subsection E.

Exceptions. The above requirements shall not be applicable if the lots are restricted from residential use.

Subdivision approval. Subsequent to, or in conjunction with the granting of the special permit, compliance with the rules and regulations regarding the subdivision of land must be met.[1]

Allow for greater flexibility and creativity in the design of residential developments.

Encourage the permanent preservation of open space, agricultural and forestry land and other natural resources.

Maintain the Town of Southborough's traditional New England rural character and land use pattern in which small villages contrast with open space and farmland.

Encourage more affordable and diverse housing types.

Protect scenic vistas.

Preserve unique and significant natural and historical resources.

Facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner.

Encourage a less sprawling form of development.

Encourage the development of passive and active recreation facilities.

Preliminary meeting. Prior to filing an application, the applicant shall meet with the Planning Board in order to promote better communication and avoid misunderstanding.

Intent of alternative plans. Applications for a special permit for major residential development shall include two plans: a conventional plan and a flexible plan. The intent of this section is to approve the flexible plan wherever appropriate because the flexible plan is, in general, more capable than the conventional plan of meeting the objectives listed in Subsection B, as well as the design criteria listed in Subsection G(2). The purpose of the conventional plan is simply to establish the total number of lots or units allowed on the site, without bonuses, and consequently the number of lots allowed in the flexible plan, as provided in Subsection D(1).

Submission materials. Applicants for major residential development shall file with the Planning Board seven copies of the following, prepared by an interdisciplinary team, including a registered land surveyor, a professional engineer and a registered architect or landscape architect:

Number of lots or units. The number of lots or units, excluding any bonus lots or units allowed under Subsection F, shall not exceed the number of lots in the conventional plan which shall be in full conformance with zoning, subdivision regulations and health codes. The Planning Board shall consider the recommendations of the Board of Health, the Conservation Commission and the Department of Public Works of the Town of Southborough in making said determination.

General design criteria. Refer to Subsection G(2).

Shape and dimension of lots. Provisions in § 174-8, Schedule of Use Regulations, governing the shape and dimensions of lots, shall apply when calculating the number of lots allowed in a conventional plan, as required by Subsection D(1) above. However, these provisions shall not apply when creating new lots within a flexible plan, unless otherwise specified in this section. The dimensional requirements for flexible lots are specified in Subsection D(4) below.

Single-family requirements. The following provisions shall only apply to detached single-family dwellings on their own individual lots. Where more than one detached single-family dwelling is on the same lot (for example, single-family condominiums), then they shall be treated as multifamily dwellings for the purpose of this section, and they shall be governed by the provisions of Subsection D(5) below.

Multifamily requirements. The Planning Board may authorize inclusion of multifamily dwellings within a flexible development, subject to the following, unless authorized as housing for the elderly under § 174-9H. Where more than one single-family detached dwelling is on the same lot, (for example, single-family condominiums), they shall be treated as multifamily dwellings for the purpose of this section and governed by the provisions of this subsection.

Provision of affordable units.

Affordability requirements.

Development standards.

Incentive. To facilitate the objectives of this section, modifications to the dimensional requirements in the applicable zoning district shall be permitted for projects subject to the requirements of this section. The modifications shall be permitted as set forth below.

Alternative methods of affordability.

Enforcement.

Severability. In case any paragraph or part of this section should be for any reason declared invalid or unconstitutional by any court of last resort, every other paragraph or part shall continue in full force and effect.

Exempt areas. Development within a Critical Resource District (§ 174-8.10) shall be exempt from the requirements of this section.

Discretionary bonus. The Planning Board may also authorize up to an additional ten-percent increase based on the following criteria, unless the Board explains in its decision why unusual circumstances cause the Board to act otherwise:

Procedure. The procedure for approval shall be as follows:

General design criteria. The specific design requirements in each of the prior subsections shall be met. In addition, when evaluating the plans, the following general criteria shall be considered by the Planning Board as indicating design appropriate to the natural landscape and meeting the objectives of major residential development:

Subdivision approval. The granting of a special permit for a major residential development shall in no case be construed as an approval under Chapter 244, Subdivision of Land.

Subsequent changes. Subsequent to granting the special permit and approval of a definitive plan of subdivision, the Planning Board may permit, without initiating a new special permit proceeding, the relocation of lot lines within the development; change in the layout of streets; change in the use, ownership and layout of the common land; or change in any other conditions stated in the original special permit. The Planning Board shall require a new special permit if it determines that the proposed changes are substantial in nature and/or impact public health or safety.

To protect the quality and quantity of surface waters, reservoirs, and groundwater, to maintain the integrity of aquatic living resources and ecosystems, and to preserve the physical integrity of receiving streams and water bodies;

To encourage a more efficient form of development that consumes less open land and protects existing topography, wildlife habitats, and natural features;

To require that new development, redevelopment and all land conversion activities maintain the natural hydrologic characteristics of the land to reduce flooding, stream bank erosion, siltation, nonpoint source pollution, property damage, and to maintain the integrity of stream channels and aquatic habitats;

To establish decision-making processes surrounding land development activities that protect the integrity of the watershed and preserve the health of water resources; and

To minimize the total amount of disturbance of the land.

Any activity subject to major plan review (§ 174-10);

Any activity that will result in soil disturbance of one acre or more;

Any residential development or redevelopment of five or more acres of land proposed pursuant to the Subdivision Control Law, MGL c. 41, § 81K to 81GG, inclusive, or proposed under a special permit process pursuant to MGL c. 40A, § 9.

Any activity that will disturb an area less than one acre.

Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation, 310 CMR 10.04 and MGL c. 40A, § 3.

Construction and associated grading of a way that has been approved by the Planning Board.

The maintenance, reconstruction or resurfacing of any public way; and the installation of drainage structures and utilities within or associated with public ways that have been approved by the appropriate authorities.

Emergency repairs to any stormwater management facility or practice that poses a threat to public health or safety, or as deemed necessary by the special permit granting authority.

Any work or projects for which all necessary approvals and permits have been issued before the effective date of this bylaw.

Redevelopment projects are presumed to meet the specified LID requirements described in the LID Bylaw of the Town of Southborough if the total impervious cover is reduced by 40% from existing conditions. Where site conditions prevent the reduction in impervious cover, LID practices shall be implemented to provide stormwater controls for at least 40% of the site's impervious area. When a combination of impervious area reduction and implementation of LID techniques is used for redevelopment projects, the combination of impervious area reduction and the area controlled by a LID practice shall equal or exceed 40%.

The Planning Board shall be the special permit granting authority for the issuance of a LID special permit. Such special permit applications shall be submitted, considered, and issued only in accordance with the provisions of this bylaw and MGL c. 40A, § 9.

To obtain approval for a project subject to the provisions of this bylaw, the applicant shall submit a LID special permit application that meets the LID site design principles stated below, a LID management plan and an operation and maintenance plan that complies with the requirements set forth herein and in the regulations adopted pursuant to this bylaw.